Le et al v. Zuffa, LLC

Filing 441

LETTER of Request for Documents from Group One Holdings Pte. Ltd. re #440 Order on Motion for Issuance of Letters Rogatory Signed by Magistrate Judge Peggy A. Leen on 6/27/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Cung Le, Nathan Quarry, and Jon Fitch,
Brandon Vera, Luis Javier Vazquez, and Kyle
Kingsbury, on behalf of themselves and all
others similarly situated,
Plaintiffs,

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No.: 2:15-cv-01045-RFB-(PAL)
LETTER OF REQUEST FOR
DOCUMENTS FROM GROUP ONE
HOLDINGS PTE. LTD.

v.
Zuffa, LLC, d/b/a Ultimate Fighting
Championship and UFC,
Defendant.

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Case No.: 2:15-cv-01045-RFB-PAL
PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE
HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN
CIVIL OR COMMERCIAL MATTERS

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1.

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e Honorable Peggy A. Leen,
Magistrate Judge for the United States District Court for the District of Nevada
333 South Las Vegas Blvd.
Courtroom 3B
Las Vegas, NV 89101
Telephone: [phone].

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3.

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Person to whom the executed request is to be returned:
Kevin E. Rayhill,
c/o Joseph Saveri Law Firm, Inc.
555 Montgomery Street
Suite 1210
San Francisco, CA 94111.
Telephone: [phone]

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Central Authority of the Requested State:
Supreme Court of Singapore
1 Supreme Court Lane
Singapore 178879

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Sender:

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Specification of the date by which the requesting authority requires receipt of the response
to the Letter of Request:
Date:

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July 27, 2017

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Reason for urgency:

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Fact discovery in this litigation closes July 31, 2017, and expert reports (for which these
documents are sought) are due August 31, 2017.

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IN CONFORMITY WITH ARTICLE 3 OF THE CONVENTION, THE UNDERSIGNED
APPLICANT HAS THE HONOUR TO SUBMIT THE FOLLOWING REQUEST:
5. a

Requesting judicial authority:
United States District Court for the District of Nevada

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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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5.b

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e Republic of Singapore
5.c

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Names of the case and any identifying number:
Cung Le, Nathan Quarry, Jon Fitch, Brandon Vera, Luis Javier Vazquez, and Kyle Kingsbury,
on behalf of themselves and all others similarly situated, Plaintiffs, v. Zuffa, LLC, d/b/a
Ultimate Fighting Championship and UFC, Defendant, Case No. 2:15-cv-01045-RFB-PAL (D.
Nev.)

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To the competent authority of:

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Names and addresses of the parties and their representatives (including representatives in
the requested State*) (Article 3, b))

6.a

Plaintiffs

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Cung Le, Nathan Quarry, Jon Fitch, Brandon Vera, Luis Javier Vazquez, and Kyle Kingsbury,
on behalf of themselves and all others similarly situated.

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Plaintiffs’ Representatives:

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JOSEPH SAVERI LAW FIRM, INC.
Joseph R. Saveri
Joshua P. Davis
Matthew S. Weiler
Kevin E. Rayhill
555 Montgomery Street, Suite 1210
San Francisco, California 94111
Phone: [phone]/Fax: [phone]
jsaveri@saverilawfirm.com
jdavis@saverilawfirm.com
mweiler@saverilawfirm.com
krayhill@saverilawfirm.com

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COHEN MILSTEIN SELLERS & TOLL, PLLC
Benjamin D. Brown
Richard A. Koffman
Dan Silverman
1100 New York Ave., N.W.,
Suite 500, East Tower
Washington, DC 20005
Phone: [phone]/Fax: [phone]
[e-mail]
rkoff[e-mail]
[e-mail]
BERGER & MONTAGUE, P.C.
Eric L. Cramer
Michael Dell’Angelo
Patrick Madden
1622 Locust Street
Philadelphia, PA 19103
Phone: [phone]/Fax: [phone]
[e-mail]
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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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[e-mail]
[e-mail]
Co-Lead Counsel for the Classes and Attorneys for Individual and Representative Plaintiffs
Cung Le, Nathan Quarry, Jon Fitch, Luis Javier Vazquez, Brandon Vera, and Kyle Kingsbury

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6.b

Zuffa, LLC, d/b/a the Ultimate Fighting Championship and UFC

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Defendant’s Representatives:

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BOIES, SCHILLER & FLEXNER LLP
William A. Isaacson
Nicholas A. Widnell
Stacey K. Grigsby
1401 New York Avenue, NW
Washington, DC 20005
Tel: [phone]
Fax: [phone]
wisaacson@bsfllp.com
nwidnell@bsfllp.com
sgrigsby@bsfllp.com

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BOIES, SCHILLER & FLEXNER LLP
Richard J. Pocker (Nevada Bar No. 3568)
300 South Fourth Street, Suite 800
Las Vegas, NV 89101
Tel: [phone]
Fax: [phone]
rpocker@bsfllp.com

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CAMPBELL & WILLIAMS
Donald J. Campbell
J. Colby Williams
700 South 7th Street
Las Vegas, NV 89101
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Counsel for Defendant Zuffa, LLC

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Defendant

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Other Parties:
Party From Whom Documents Are Sought:
Group One Holdings Pte. Ltd.
Level 25
One Raffles Quay
North Tower
Singapore, 048583

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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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Other Parties’ Representatives:

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Unknown.
7.a

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Antitrust class action litigation pursuant to 15 U.S.C. § 2 (the Sherman Act, governing
monopolization) and Federal Rule of Civil Procedure 23 (governing class actions).

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7.b

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7.c

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Summary of defense:
Defendant Zuffa contends there are pro-competitive justifications for its actions, rendering them
compliant with antitrust law. Zuffa also contends that Plaintiffs have failed to properly define
the relevant product market, and that Plaintiffs have failed to show the anticompetitive effects of
Zuffa’s alleged antitrust violations. Zuffa denies that it possesses monopoly power in the market
for promoting live elite professional MMA events or monopsony power in the market for
purchasing the services of elite professional MMA fighters, and that competition in those
markets is robust.

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Summary of complaint:
Plaintiffs allege that defendant Zuffa, LLC (“Zuffa”) illegally acquired and maintained
monopoly power in the market for promoting live Mixed Martial Arts (“MMA”) events and
monopsony power in the market for acquiring the services of elite professional MMA fighters.
Zuffa acquired monopoly power by acquiring its closest competitors and denying other MMA
promoters access to inputs necessary to compete successfully, such as top fighters and premier
venues. Plaintiffs allege that as a result of these anticompetitive actions, Zuffa has no real
competitors in the market for producing live elite professional MMA bouts. e lack of true
competitors contributes to Zuffa’s monopsony power in the market for purchasing the services
of elite professional MMA fighters, because the fighters have few—if any—viable alternatives
to signing with Zuffa. As alleged, Zuffa exploits its monopoly and monopsony power to
artificially suppress compensation for elite professional MMA fighters by undercompensating
them for the use of their services in MMA bouts, and by undercompensating them for the use of
their name, sobriquet, voice, persona, signature, likeness and/or biographical information
(referred to collectively as their “Identities”) in commercial applications. Plaintiffs consist of
two classes: a class of all MMA fighters who fought under contract for Zuffa during the Class
Period (December 14, 2010 to the present), and a class of all MMA fighters whose Identities
were used for commercial purposes by Zuffa during the Class Period. Plaintiffs seek damages
and injunctive relief for violations of United States antitrust law, specifically, Section 2 of the
Sherman Act (15 U.S.C. § 2).

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Nature of the proceedings:

7.d

Other necessary information or documents:
Not applicable.

8.a

Evidence to be obtained or other judicial act to be performed:
Group One Holdings Pte. Ltd. (“Group One”) operates an MMA promotion under the name One
Championship (formerly known as One Fighting Championship or One FC). Plaintiffs seek
quarterly financial statements from Group One, from January 1, 2010 to the present related to
Group One’s MMA promotions. ese financial statements should contain at a minimum all
revenues related to the operation of One Championship or its predecessors, and all expenses
related to the operation of One Championship or its predecessors, including all compensation
paid to MMA fighters under contract with One Championship, its predecessors, or Group One.
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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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Group One Holdings Pte. Ltd. is not a party to the underlying litigation. However, documents
produced in the underlying litigation have identified One Championship as a potential
competitor to the defendant. ese include statements made by representatives of Group One.
Group One’s quarterly financial statements are necessary to establish the relevant product
market, and to show that One Championship is not a true competitor to Zuffa. Under United
States antitrust law these are necessary to help prove a violation of 15 U.S.C. § 2. See e.g.,
Yamaha Int'l Corp. v. ABC Int'l Traders, Inc., No. 86-7892 RSWL, 1989 U.S. Dist. LEXIS
16585, at *13 (C.D. Cal. Aug. 11, 1989) (“Before the Rule of Reason can be applied, proper
allegations regarding the relevant product market are essential. e relevant product market is
the particular group of products and the geographic area in which the products compete and the
challenged restraint will apply. Proper market delineation is necessary to a Rule of Reason
analyses to identify such factors as competitive conditions within the industry, comparative
market positions of the defendants and their competitors, and to measure the impact of the
challenged restraint.”). Because Zuffa and Group One have both contended that One
Championship is a competitor to Zuffa, Group One’s evidence is relevant and necessary for
Plaintiffs to fully and fairly prosecute their claims.

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Any requirement that the evidence be given on oath or affirmation and any special form to
be used:
Not applicable.

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Special methods or procedure to be followed:
Not applicable.

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Documents or other property to be inspected:
One Championship’s per-event financial data and per-event per-fighter compensation data.

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Questions to be put to the persons to be examined or statement of the subject-matter
about which they are to be examined:
Not applicable.

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Identity and address of any person to be examined:
Not applicable.

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Purpose of the evidence or judicial act sought:

Request for notification of the time and place for the execution of the Request and identity
and address of any person to be notified:
Not applicable.

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Request for attendance or participation of judicial personnel of the requesting authority at
the execution of the Letter of Request:
Not applicable.
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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.

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Not applicable.

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Specification of privilege or duty to refuse to give evidence under the law of the State of
origin:

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e fees and costs incurred which are reimbursable under the second paragraph of Article
14 or under Article 26 of the Convention will be borne by*
Not applicable.

DATE OF REQUEST:

June 27, 2017

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SIGNATURE AND SEAL OF THE REQUESTING AUTHORITY

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e Honorable Peggy A. Leen
Magistrate Judge for the United States District Court
District of Nevada

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Case No.: 2:15-cv-01045-RFB-(PAL)

PLAINTIFFS’ LETTER OF REQUEST FOR DOCUMENTS FROM GROUP ONE HOLDINGS PTE. LTD.